PERFORMANCE AND BREACH

Conditions             Sometimes contractual promises may be conditional. A condition “is an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due.”[1]        An express condition is one that is explicitly stated in ...

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CONTRACT DEFENSES

Incapacity Contractual capacity is required of both parties to a binding agreement.[1] Some people are unable to contract or limited in the types of contracts they can enter due to their inability to understand “the nature and quality of the act to ...

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THE CONSIDERATION PRINCIPLE

Most contracts require “consideration” to be binding. The element of consideration ensures that each party receives something in exchange for his action or promise or, conversely, that each party gives something up in exchange for the other party’s action or ...

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ELEMENTS OF A CONTRACT: OFFER AND ACCEPTANCE

Every enforceable contract consists of three basic elements: offer, acceptance and consideration. In this module, we’ll explore offer and acceptance, which constitute mutual assent, the basic building block of a contract. Mutual Assent Mutual assent requires (1) an intent to ...

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OVERVIEW OF CONTRACT LAW

OVERVIEW OF CONTRACT LAW Contract law: Sarah Jessica Parker is the actress known for her starring role in one of the most beloved television series of all time, Sex and the City. On it, she played Carrie Bradshaw, a newspaper ...

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TAX IMPLICATIONS

State and federal tax consequences may arise anytime there is a disposition of stock assets. Disposition occurs when stocks are sold, gifted, assigned or otherwise disposed of. In this module, we will discuss the tax treatment of capital gains, losses ...

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STOCK TRANSFERS

The right to transfer ownership of stock is an important right of stock ownership. This module will discuss the scope and limitations of a stock owner’s transfer rights and the various methods used to transfer stock ownership. The Scope of ...

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STOCK REGISTRATION AND PURCHASING

The Roles of Broker-Dealers In this module, we will discuss brokers and dealers and the different types of stock plans from which a stockholder can choose. The terms “broker” and “dealer” are defined under the Securities Exchange Act of 1934. Under ...

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STOCKHOLDER’S RIGHTS

Stockholders enjoy certain intrinsic rights that stem from their ownership of a company’s stock. The nature and scope of these rights are defined by documents such as the articles of incorporation, bylaws and provisions of the stock certificate. Together, these ...

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STOCK OWNERSHIP

  Tens of millions of Americans are directly or indirectly invested in the stock market, often relying on some form of stock ownership to save for retirement and to build wealth.[1] Still, many do not understand the basic nature of ...

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